California Court of Appeal

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In re Criscione, H032680

Trial court's grant of petition for habeas relief regarding Board of Parole Hearings' denial of parole is remanded for rehearing where: 1) the appellate court's subsequent decision in Lawrence clarified that a decision to deny parole comports with due process only if there is a rational nexus between the relevant statutory factors and the determination that the inmate would present a current danger to the public if released; and 2) the Board's decision does not clearly indicate that it considered the nexus between the facts upon which it relied and its conclusion that plaintiff would present an unreasonable risk to public safety if released.

Appellate Information

  • Decided 04/17/2009
  • Published 04/17/2009


  • PREMO, J.


  • California Court of Appeal


  • For Appellant:
  • Edmund G. Brown Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Senior Assistant Attorney General, Anya M. Binsacca, Supervising Deputy Attorney General, Denise A. Yates, Deputy Attorney General, for Appellant.

  • For Appellees:
  • Under appointment by the Court of Appeal, Barbara B. Fargo, San Jose, for Respondent.
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